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Legal and Practical Implications of Forfeiture of Attorneys' Fees

NCJ Number
Emory Law Journal Volume: 36 Issue: 3 Dated: (Summer 1987) Pages: 837-852
W J Genego
Date Published
16 pages
Analysis of the legal and practical issues related to the forfeiture of money or other assets paid to a defense attorney in a criminal case shows that the debate over the issue is really a debate over the quality of representation received by defendants in criminal cases.
Forfeiture laws as amended potentially affect a defendant's right to counsel in that they may make it difficult for the defendant to retain an attorney or may cause an attorney to withdraw from the case. Permitting forfeiture will also force the private criminal defense bar to reassess its willingness to continue to practice under high-risk conditions. Thus, the debate about forfeiture makes clear the drastic difference between the representation received by rich defendants and poor defendants and shows that far too many people are denied adequate legal representation. 48 footnotes.


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